Comparative Study Of Legislation On Mineral Rights Between China And Canada

Chinese current “Mineral Resources Law” has been applied for several years and cannot correspondingly meet the requirements of new economic development of mining sector with an ongoing amendment to “Mineral Resources Law”. Canada is one of the most advanced nations on mining sector around the world. Study on legislation of mining rights of advanced mining nations(such as Canada) is of certain significance to Chinese ongoing amendment of legislations as references.This dissertation firstly outlines the Canadian legislation system on mining sector and separately summarizes the characteristics of federal relevant legal documents and Ontario. Secondly, under the legal regime on ownership of mining rights, to discuss differences in specific regimes on setting(with a detailed analysis of ownership of mineral resources, concept of mining rights, types and structure of mining rights, conditions and forms to establish mining rights). Thirdly discusses differences in regimes on transfer, suspension and termination of mining rights. Fourthly, under the legal regime on administration of mining rights, to discuss differences in specific regimes on regulatory system, registration, maintenance of mining rights, classification of ore reserves and IPO information disclosure of mining rights. Finally, based on the analyses above, the author proposed specific directions and recommendations to enhance our domestic legal system on setting, transfer, suspension and termination, regulatory system, registration, maintenance of mining rights, clarification of ore reserves and information disclosure of mining rights:The author proposed a “three-element referential points” to help identify mining rights; advised to refer to the provisions of the Ontario’s mandatory staking process, the specific exploration activities permits, the naturally transitional transformation of mining claims to mining leases, the exploitation of assessment work credits, the conversion of mining rights to unpatented mining claims, the clarification standard of mineral resources and ore reserves; advised to simplify domestic clarification standard of ore reserves and recommended to establish an IPO information disclosure regulation. Through this Dissertation, the author aims to provide legal references for Chinese enterprises to perform activities of exploration, mining investment or financing in Ontario or across Canada, or even around the world. And based on the comparative study on mining laws and regulations between China and Ontario, in line with Chinese actual national conditions and practice, aims to provide new opinions and recommendations for Chinese underlying legislative revision activities on mining sector.